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Competition in the Irish Private Health Insurance Market

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Conclusion on Barriers to Entry and Barriers to Expansion<br />

8.50 Some barriers to entry and expansion exist. There is some uncerta<strong>in</strong>ty<br />

about <strong>the</strong> future regulatory direction of <strong>the</strong> <strong>in</strong>dustry, although this is <strong>in</strong><br />

<strong>the</strong> course of be<strong>in</strong>g clarified. The implementation of RE payments<br />

under <strong>the</strong> RE scheme, <strong>the</strong> High Court rejection of <strong>the</strong> legal challenge<br />

by BUPA Ireland to <strong>the</strong> RE scheme 162 and BUPA Ireland’s departure<br />

from <strong>the</strong> market represents a substantial change <strong>in</strong> <strong>the</strong> competitive<br />

landscape. The competitive landscape may also be altered as a result<br />

of market entry by o<strong>the</strong>r <strong>in</strong>surer(s).<br />

The F<strong>in</strong>ancial Performance of Vhi <strong>Health</strong>care<br />

8.51 Evidence about <strong>the</strong> behaviour and f<strong>in</strong>ancial performance of firms is also<br />

relevant <strong>in</strong> an analysis of market power. Where <strong>the</strong>re is direct evidence<br />

that, over <strong>the</strong> long term, prices substantially exceed relevant costs or<br />

profits substantially exceed competitive levels, this may po<strong>in</strong>t to<br />

market power. However, low prices or profits are not necessarily an<br />

<strong>in</strong>dicator of <strong>the</strong> absence of market power. If a company does not face<br />

effective competitive constra<strong>in</strong>ts it may be able to operate <strong>in</strong>efficiently<br />

by not m<strong>in</strong>imis<strong>in</strong>g costs. In this scenario, market power will not equate<br />

to excessive profits or prices, but ra<strong>the</strong>r higher costs and wasted<br />

resources.<br />

8.52 Currently Vhi <strong>Health</strong>care’s f<strong>in</strong>ancial position is weak. In 2006, Vhi<br />

<strong>Health</strong>care’s claims amounted to 97% of its earned premium. Claims<br />

<strong>in</strong>curred were €890.6 million while premiums amounted to €919.6<br />

million, €29 million higher than claims. Vhi <strong>Health</strong>care’s claims are<br />

<strong>in</strong>creas<strong>in</strong>g at a faster rate than premium <strong>in</strong>creases such that its<br />

claims/premium ratio has been deteriorat<strong>in</strong>g <strong>in</strong> recent years, ris<strong>in</strong>g<br />

from 89% <strong>in</strong> 2002 to 97% <strong>in</strong> 2006. In 2006 Vhi <strong>Health</strong>care made a loss<br />

of €32.3 million (after tax), down from €3.2 million <strong>in</strong> <strong>the</strong> previous<br />

year.<br />

162 High Court, McKechnie, J, 23 November 2006.<br />

129

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